Date: 03-10-2019
Business: PO is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Advocate Hemangi Kamdar for Plaintiff present and submitted that Chamber Summons is filed by Plaintiff for issuing public notice against Defendant no.7. She also submitted that on next date she will file reply of NM no.3189/19.
Advocate Vaishali Sharma for Defendant no.2 to 6 present and filed registered Notice of Motion no.3189/2019 with affidavit in support, t.o.r.
Advocate for Plaintiff filed an application for deleting name of Defendant no.1 as Defendant\''s advocate has informed Plaintiff about the death of Defendant no.1. Copy of death certificate filed with the application shows that Defendant no.1 Sagarmal Shermalji Rathod died on 03/08/2015. As Defendant no.1 is reported to be dead long back before 4 years and his LRs are not brought on record hence proceedings against Defendant no.1 is already abated. Plaintiff is directed to delete name of Defendant no.1 from the plaint showing that proceedings against Defendant no.1 are abated.
Case is adjourned to 04/02/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Advocate Hemangi Kamdar for Plaintiff filed reply to Notice of Motion no.3189/19, t.o.r.
None present for Defendant.
Court is busy in dictating order on Notice of Motion in suit no.973/17 and Notice of Motions in suit no.1229/17, hence case is adjourned to 22/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 13-05-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 13-05-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020
Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020
Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021 for Ch/s Hearing.
None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv Ms. Hemangi Kamdar for plff present.
None present for deft.
Advocate for the plaintiff filed amended plaint at Exh.1-A. She also filed affidavit of service of copy of reply and amended plaint on defendant Nos.2 to 6.
Heard argument of advocate for plaintiff in CS No.1529/2019.
Contention raised in the affidavit filed in support of Ch/s that the postal envelope containing the suit summons issued to defendant No.7 has be returned back with endorsement as “Not known” by the postal department is supported by the postal envelope produced by the plff along with affidavit of service dt.15.12.2018. Considering it, the prayer made in the Ch/s to allow the plaintiff to effect service of writ of summons upon deft No.7 by way of substitute service as prayed can be accepted.
Hence, Ch/s No.1529/2019 is made absolute in terms clause its prayer clause A at the costs of plaintiff.
Matter adjourned for compliance to 20.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Adv Mr.Pravin Patel for plff present.
Adv Ms. Vaishali Sharma i/b Harakhchand &Co for deft Nos.2 to 6 present and tendered registered NM No.1382/2021 along with affidavit in support. She submitted that she has served the copy to the other side.
Adjd. for NM reply to.26.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2021
Date: 02-07-2021
Business: Adv Mr.Pravin Patel for plff present.
Adv Ms. Vaishali Sharma i/b Harakhchand &Co for deft Nos.2 to 6 present and tendered registered NM No.1382/2021 along with affidavit in support. She submitted that she has served the copy to the other side.
Adjd. for NM reply to.26.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present for the plff.
Adv Mr. Gada for deft Nos.2 to 6 present and submitted that plff has not filed reply to NM taken out by defts u/s 10 of C.P.C.
As a last chance to the plff to file reply to the said NM.
Matter is adjd. for NM reply to 21.09.2021.Judge
L.O. at 4.10 p.m.
Adv. Mr. Patel for plff.
Already adjd. to 21.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None presnt for plff.
Adv Ms. Akanksha Kothari for deft present.
AS nobody is present for the plff and as plff has not filed reply, N.M. No.1382/2021 of the deft be kept for order on next date.
Matter is adjd. for NM order to 29.10.2021.
Judge
L.O. at 3.45 p.m.
Adv Mr. Pravin Patel for plff present and filed reply in NM No.1382/2021. As plff has filed reply, N.M.No.1382/2021 be kept for hearing on next date with direction to the plff to serve the copy of reply on the deft.
Matter is adjd. for NM hearing to 29.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv Mr. Pravin Patel present for plff.
Adv Ms.Vaishali Sharma for deft Nos. 2 to 6 present and filed affidavit in rejoinder in NM No.1382/2021. Copy served on the adv. for plff.
Matter is adjd. for NM hearing to 21.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv Ms.Kamdar for plff present and seeks adjournment.
Adv Mr. Gada for deft No.2 to 6 present.
On request of adv. for plff, matter is adjd. for NM hearing to 14.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv Mr. Patel present for plff. and filed application Exh.3 to dispose off the suit as per the consent terms annexed to the application.
Adv Ms. Vaishali Sharma present for deft.Nos.2 to 6.
None present for deft No.7.
All defendants are not present.
Vimalchand K. Jain who has signed the consent terms as a Trustee of defendant. His name is not available in the title clause of the plaint. Unless and until it is shown that said person is authorized to enter into consent terms on behalf of defendant Nos.2 to 6, the consent terms cannot be verified. Adv for the plff seeks time to produce appropriate material.
Matter is adjd. for verification of consent terms to 23.03.2022.
Next Purpose: CONSENT TERM
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Plaintiff No.2 present. Adv Mr. Pravin Patel present for plaintiff.
Defendant Nos.2 and 3 present with their Adv Smt. Vaishali Sharma for defendant Nos.2 to 6 present.
None present for defendant No.7.
Advocates for plaintiff of deft Nos.2 to 6 have endorsed on the consent terms filed on previous date with application Exh.3 as “Not pressed”. In view of those endorsements, the consent terms presented with application Exh.3 are filed as not accepted. Those consent terms be marked as Exh.3/A for further reference purposes.
Plaintiff No.2 and the authorized persons of defendant Nos.2 to 6 have filed fresh consent terms today at Exh.4. The Resolution passed on 20.11.2021 for giving authority to defendant No.2 Jayantilal Shah and defendant No.3 Satish Shah by the President of defendant No.6 is produced with consent terms Exh.4. Said Resolution is marked as Exh.4/A for further reference purpose. Likewise, the copy of power of attorney executed by plaintiff Nos.3 and 4 in favour of plff No.2 Jerome is also produced. Original power of attorney is made available for verification. The copy of power of attorney tallied with the original hence, copy is marked as Exh.4/B for further reference purposes and original is returned back to plaintiff No.2 with direction to produce it as and when directed by the Court.
Plaintiff No.2 Jerome Vaz present in person for himself, for plaintiff No.1 and as power of attorney holder of plaintiff Nos.3 and 4 with advocate Mr. Patel for the plaintiffs.
Defendant No.2 Jayantilal Shah and defendant No.3 Satish Shah are present in person for themselves and on behalf of defendant Nos.4 to 6 with Adv Vaishali Sharma for those defendants.
On enquiry, plaintiff No.2 and defendant Nos.2 and 3 have admitted the contents of consent terms Exh.4 to be true, correct and admissible to all of them hence, consent terms Exh.4 are Read and Recorded.
Adv for plaintiff filed pursis at Exh.5 that plaintiffs do not want to prosecute the suit against defendant No.7. Perusal of the prayer clauses of plaint show that any relief is not claimed against defendant No.7 hence, permission to withdraw the suit unconditionally against defendant No.7 is granted.
Thus, in view of consent terms Exh.4, suit stands disposed off as settled between plaintiffs and defendant Nos.2 to 6 so also, as withdrawn unconditionally by the plaintiffs against defendant No.7. Suit is already abated against defendant No.1 hence, suit is disposed off. Court fees be refunded to the plaintiffs as per rules.
As the suit is disposed off as above, pending NM No.3189/19 and 1382/2021 are disposed off.
Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-03-2022
